Planning and Environment (Williamstown Shipyard) Act 2005
i
Planning and Environment (Williamstown
Shipyard) Act 2005
Act No. 44/2005
TABLE OF PROVISIONS
Section Page
1. Purpose 1
2. Commencement 1
3. Insertion of new Part 3D 2
PART 3D—WILLIAMSTOWN SHIPYARD SITE
STRATEGY PLAN 2
46Z. Purpose of Part 2
46ZA. Definitions 2
46ZB. Williamstown Shipyard Site 2
46ZC. Preparation of Williamstown Shipyard Site Strategy
Plan 3
46ZD. Procedure for making of Williamstown Shipyard Site
Strategy Plan 4
46ZE. Approval of Parliament needed 4
46ZF. Availability of approved strategy plan 5
46ZG. Amendments to approved strategy plan 6
46ZH. Amendment of planning schemes 6
4. Matters a responsible authority must consider for permit
applications 7
5. Matters for Tribunal to take into account 7
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ENDNOTES 8
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1
Planning and Environment
(Williamstown Shipyard) Act 2005 †
[Assented to 16 August 2005]
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Planning and Environment Act 1987 to ensure
the continued use of the Williamstown Shipyard
Site for industrial and marine engineering
purposes and ancillary purposes.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
Victoria
No. 44 of 2005
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3. Insertion of new Part 3D
After Part 3C of the Planning and Environment
Act 1987 insert—
'PART 3D—WILLIAMSTOWN SHIPYARD SITE
STRATEGY PLAN
46Z. Purpose of Part
The purpose of this Part is to ensure that the
Williamstown Shipyard Site continues to be
used for industrial and marine engineering
purposes and ancillary purposes.
46ZA. Definitions
In this Part—
"approved strategy plan" means the
Williamstown Shipyard Site Strategy
Plan approved under section 46ZE(2)
as that plan is amended from time to
time under this Part;
"Williamstown Shipyard Site" means the
land shown on the plan approved by the
Governor in Council under section
46ZB.
46ZB. Williamstown Shipyard Site
(1) On receiving a plan approved by the
Surveyor-General of the land described as
the Williamstown Shipyard Site on the plan
numbered LEGL./05–344 in the Central Plan
Office of the Department of Sustainability
and Environment, or that land as nearly as
practicable, the Minister may recommend
that the Governor in Council approve the
plan.
s. 3
See:
Act No.
45/1987.
Reprint No. 7
as at
13 December
2000
and
amending
Act Nos
43/2003,
77/2003,
12/2004,
39/2004,
48/2004,
81/2004,
101/2004 and
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
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(2) On the Minister's recommendation, the
Governor in Council, by Order published in
the Government Gazette, may approve the
plan.
46ZC. Preparation of Williamstown Shipyard
Site Strategy Plan
(1) The Minister may at any time prepare a
strategy plan for the Williamstown Shipyard
Site.
(2) The strategy plan is to be known as the
Williamstown Shipyard Site Strategy Plan.
(3) The strategy plan—
(a) must give effect to the purposes of this
Part by providing for the Williamstown
Shipyard Site to continue to be used for
industrial and marine engineering
purposes and ancillary purposes; and
(b) may make provision with respect to any
matters referred to in section 6 and any
other matters which the Minister
considers necessary or desirable to be
included in the strategy plan.
(4) The strategy plan must not prevent—
(a) the continued use by the public of—
(i) the Crown Land described in folio
of the Register Volume 1212
Folio 522; and
(ii) any land in the Williamstown
Shipyard Site that was reserved
for public purposes by Order
published in the Government
Gazette on 1 April 1999 page 790;
or
s. 3
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(b) the continued use by the public, or for
navigation, of the waters of Hobsons
Bay.
46ZD. Procedure for making of Williamstown
Shipyard Site Strategy Plan
Subject to section 46ZE, Part 3 (except
sections 36 to 39 and Division 4) applies to
the preparation of the Williamstown
Shipyard Site Strategy Plan as if—
(a) the plan were an amendment to a
planning scheme; and
(b) the Minister were the planning
authority.
46ZE. Approval of Parliament needed
(1) The Minister must cause the Williamstown
Shipyard Site Strategy Plan to be laid before
each House of Parliament within 7 sitting
days of that House after the strategy plan is
approved under section 35.
(2) The strategy plan does not take effect unless
it is also approved by a resolution passed by
each House of Parliament within 10 sitting
days after it is laid before that House.
(3) The Minister must publish a notice of the
approval of the strategy plan under sub-
section (2) in the Government Gazette
specifying the place or places at which any
person may inspect the plan.
s. 3
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(4) The approved strategy plan comes into
operation—
(a) when the notice of approval of the
strategy plan is published in the
Government Gazette; or
(b) on any later day or days specified in the
notice.
46ZF. Availability of approved strategy plan
(1) The Minister must lodge the prescribed
documents and a copy of the approved
strategy plan with the municipal council in
the municipal district of which the
Williamstown Shipyard Site is situated.
(2) The approved strategy plan must be lodged
before notice of the approval of the strategy
plan is published in the Government Gazette.
(3) The Minister and the municipal council in
the municipal district of which the
Williamstown Shipyard Site is situated must
make a copy of the approved strategy plan
and any documents lodged with it available
at their respective offices during office hours
for any person to inspect free of charge for
2 months after the strategy plan comes into
operation and after that period on payment of
the prescribed fee.
(4) The Minister and the municipal council in
the municipal district of which the
Williamstown Shipyard Site is situated must
keep a copy of the approved strategy plan
incorporating all amendments made to it
available at their respective offices during
office hours for any person to inspect free of
charge.
s. 3
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46ZG. Amendments to approved strategy plan
(1) The Minister may at any time prepare an
amendment to the approved strategy plan.
(2) Sections 46ZC to 46ZE and sections
46ZF(1), 46ZF(2) and 46ZF(3) apply to the
preparation and approval of an amendment
to the approved strategy plan as if the
amendment were a strategy plan.
46ZH. Amendment of planning schemes
(1) The Minister must prepare an amendment to
any planning scheme that applies to the
Williamstown Shipyard Site to give effect to
the approved strategy plan.
(2) An amendment under sub-section (1) must
be prepared as soon as practicable after the
approval of the Williamstown Shipyard Site
Strategy Plan under section 46ZE(2).
(3) An amendment under sub-section (1) may
also make any consequential amendments to
the planning scheme that are necessary to
remove or modify any provisions which are
inconsistent with the approved strategy plan.
(4) Sections 12(1)(a), 12(1)(e), 12(2) and 12(3),
Divisions 1 and 2 of Part 3 and sections
39(1), 39(2), 39(3), 39(4) and 39(5) and any
regulations made for the purposes of those
provisions do not apply to the preparation
and approval of amendments under sub-
section (1).
(5) The Minister must not authorise the
preparation of, or approve, an amendment to
a planning scheme applying to the
Williamstown Shipyard Site if the
amendment is inconsistent with the approved
strategy plan.'.
s. 3
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4. Matters a responsible authority must consider for
permit applications
In section 60(1A) of the Planning and
Environment Act 1987—
(a) in paragraphs (d) and (e) omit "regional";
(b) after paragraph (e) insert—
"(ea) the approved strategy plan under
Part 3D; and
(eb) any amendment to the approved
strategy plan under Part 3D adopted
under this Act but not, as at the date on
which the application is considered,
approved by the Minister; and".
5. Matters for Tribunal to take into account
In section 84B(2) of the Planning and
Environment Act 1987—
(a) after paragraph (d) insert—
"(da) must (where appropriate) take account
of the approved strategy plan under
Part 3D;";
(b) after paragraph (j) insert—
"(ja) must (where appropriate) have regard
to any amendment to the approved
strategy plan under Part 3D adopted
under this Act but not, as at the date on
which the application for review is
determined, approved by the Minister;".
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s. 4
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 26 May 2005
Legislative Council: 9 August 2005
The long title for the Bill for this Act was "to amend the Planning and
Environment Act 1987 in relation to the Williamstown Shipyard Site
and for other purposes."
Endnotes
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